Sab Miller India Ltd Through Its Authorized Officer v. Aurangabad Mathadi And Unprotected Labour Board Through Deputy Commissioner Aurangabad

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10896 OF 2016 Sab Miller India Ltd. Through Its Authorized Officer .. Petitioner

Versus

Aurangabad Mathadi and Unprotected Labour Board through Deputy Commissioner, Aurangabad .. Respondent Shri S. V. Adwant, Advocate for the Petitioner. Shri Pratap P. Mandalik, Advocate for the Respondent. CORAM : S. C. DHARMADHIKARI AND MANGESH S. PATIL, JJ.

DATE : 28TH JULY, 2017.

PER COURT :

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After hearing both the sides, we are of the opinion that, the issue raised in this petition is about the authority, power and jurisdiction of the Secretary of the Board established under the Maharashtra Mathadi, Hamals and Other Manual Workers (Regulation of Employment and Welfare) Act, 1969, which issue has been dealt with by this Court in Writ Petition No. 3243 of 2017 and as also in Writ Petition No. 10168 of 2016, even this writ petition stands allowed on the same grounds and with same reasons.

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In the peculiar facts and circumstances and as the issue was not decided until the Division Bench issued directives to deposit the sum, we exempt the petitioner from compliance of deposit.

[MANGESH S. PATIL, J.] [S. C. DHARMADHIKARI, J.] bsb/July 17